It is worth nothing that the bill of lading in this case was a clean bill of lading and there were no reservations endorsed by the carrier).
Therefore, if a clean bill of lading is issued by a carrier and the shipped goods by the carrier arrive at the port of discharge damaged, and yet the recipient of the damaged goods does not give written notice to the carrier or his/her representative at the unloading port confirming that the goods are damaged and/or lost, the assumption shall be that the goods arrived at the port of discharge in the conditions set out in the bill of lading (undamaged).
Essentially, the order bill demonstrates that the seller performed its obligation to deliver to the buyer by virtue of the goods crossing over the rail of the vessel at the port of shipment, and this was evidenced by the carrier issuing a clean bill of lading
The LC provides that the issuing bank will pay the seller when the latter presents a clean bill of lading
Yet, the fact that a clean bill of lading
was issued and the goods arrived damaged is sufficient reason to shift the burden to the shipowner who then must prove that the damages occurred due to circumstances beyond his control.
The order bill demonstrates that the seller performed his/her obligation to deliver to the buyer by virtue of the goods crossing over the rail of the vessel at the port of shipment and so evidenced through the issuance of a clean bill of lading
by the carrier.
American issued a clean bill of lading after inspecting the cargo.
Imparca issued a clean bill of lading providing what was contained and that the carrier's responsibilities were discharged upon delivery of the goods.
The seller is responsible for loss or damage until goods have been placed in or on the conveyance at loading point and a clean bill of lading or other transportation receipt has been furnished by the carrier.
Cost and Freight (C&F)-The seller quotes a price including the cost of transportation to the designated point, provides a clean bill of lading and assumes responsibility for any expense, loss or damage until the goods are in the custody of the ocean carrier.
Under a CIF contract, the purchaser is obliged to pay against the tender of a clean bill of lading that covers the goods contracted to be sold, an insurance policy and a commercial invoice that shows the price.
In addition, a vendor under a CIF contract for the sale of goods who has shipped the agreed goods under a clean bill of lading and obtained the proper documents, can tender those documents to the purchaser notwithstanding he knows at the time of such tender of the loss of the goods.